Germany: Ukrainian refugees demand Alexander Dobrindt face trial for his discriminatory remarks and incitement of hatred
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Regarding the statements made by Alexander Dobrindt, head of the Christian Social Union (CSU) parliamentary group in the Bundestag, during an interview with Bild am Sonntag on June 23, 2024, it has been established that these statements contain elements of discrimination against Ukrainian refugees, violating their rights to protection and support in accordance with international law, national law, and the criminal law of Germany.
Factual Background
In his statement, Alexander Dobrindt proposed sending Ukrainian refugees back to their home country if they fail to find employment in Germany, despite the ongoing military conflict in Ukraine. He also criticized the payment of welfare benefits to refugees, claiming that guaranteed benefits slow down their job-seeking efforts.
This statement triggered sharp criticism from representatives of the Social Democratic Party of Germany (SPD) and the “Alliance 90/Greens” party, who pointed out that such proposals endanger the lives of Ukrainian women and children forced to flee the country due to the war.
Violations of International Law
1. Violation of the non-refoulement principle, enshrined in the 1951 Refugee Convention and 1967 Protocol. According to Article 33 of the Convention, states are obligated not to expel refugees to countries where their lives or freedom would be threatened. The threat of deporting Ukrainian refugees to the “safe regions of Western Ukraine” without considering individual circumstances and without recognizing the entire country as a zone of active conflict is a blatant violation of this principle.
2. Discrimination based on nationality, prohibited by Article 14 of the European Convention on Human Rights (ECHR). Proposals to limit access to social benefits for Ukrainian refugees or subject them to stricter requirements than other refugee groups directly violate the right to equal treatment and support enshrined in the ECHR.
3. Article 14 of the Universal Declaration of Human Rights, which guarantees the right of everyone to seek asylum from persecution. Dobrindt’s proposal to return refugees to Ukraine contradicts this right, as it disregards the ongoing threats to their safety and the conditions that led to their forced displacement.
Violations of Germany’s Criminal Law
Alexander Dobrindt’s statements also violate the provisions of Germany’s criminal law, specifically § 130 of the German Criminal Code (StGB) – Incitement to Hatred. According to this provision, any public statement aimed at inciting hatred or hostility based on nationality, race, or ethnic origin can be considered a criminal offense.
1. Dobrindt’s statements about returning refugees if they fail to find employment could be perceived as inciting hostile attitudes towards Ukrainians in Germany, which violates § 130 StGB.
2. § 241 of the German Criminal Code (StGB) – Threats: The proposal to deport Ukrainian refugees if they fail to secure employment can be seen as a threat aimed at intimidating this group, also violating criminal law.
Impact on Public Sentiment
Alexander Dobrindt’s statements directly contribute to the formation of negative attitudes toward Ukrainian refugees in German society, laying the groundwork for discrimination and xenophobia. Public calls to deprive refugees of social benefits or deport them for failing to find employment may be interpreted as justification for infringing on refugee rights, which is unacceptable in a state governed by the rule of law that adheres to international human rights obligations.
Conclusion
Based on the above, the actions of Alexander Dobrindt, expressed in his public statements, should be qualified as violations of international law, the provisions of German criminal law, and incitement to discrimination against Ukrainian refugees. These statements require immediate legal review and appropriate measures within both national and international judicial instances.
Source: Bild am Sonntag, interview published on June 23, 2024.
15/09/2024
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